Suresh Kumar vs State Of U.P. And Another
2023 Latest Caselaw 23177 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:171809
 
Court No. - 93
 

 
Case :- APPLICATION U/S 482 No. - 31135 of 2023
 

 
Applicant :- Suresh Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajesh Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.

Vakalatnama filed by Sri A.K. Mishra, Advocate on behalf of opposite party no.2, is taken on record.

Heard Sri Rajesh Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State and Sri A.K. Mishra, learned counsel for opposite party no.2.

The instant application has been moved on behalf of the applicants to quash the entire criminal proceeding of Case No.1717 of 2021 (State Vs. Suresh Kumar), arising out of Case Crime No. 95 of 2015, under Sections 279, 337, 338, 304A, 427 IPC, Police Station Rajapur, District Amroha, pending in the court of Judicial Magistrate, Amroha.

Contention of learned counsel for the applicants is that the parties have settled their dispute amicably through written compromise.

This Court vide order dated 05.06.2023 directed to the applicants to file compromise deed before the court below with further direction to the court below to verify the same after summoning the parties and send his report to this Court.

In pursuance of order dated 05.06.2023 of this Court, compromise entered into between the parties has been verified by the Judicial Magistrate, Amroha by order dated 10.07.2023 and a copy of the same has been annexed as Annexure No.5 to the present application.

Considering the above facts, keeping in view the fact that the parties have amicably settled their dispute and the offence in the impugned proceeding does not fall under the category which can not be settled on the basis of compromise as well as law laid down by the Apex Court in the judgment of Gian Singh Vs. State of Punjab & Another (2012) 10 SCC 303, Narinder Singh & Others Vs. State of Punjab & Another (2014) 6 SCC 477 and State of M.P. Vs. Laxmi Narayan, AIR 2019 SC 1296 and State of M.P. Vs. Dhruv Gurjar, AIR 2017 SC 1106, the proceeding of Case No.1717 of 2021 (State Vs. Suresh Kumar), arising out of Case Crime No. 95 of 2015, under Sections 279, 337, 338, 304A, 427 IPC, Police Station Rajapur, District Amroha, pending in the court of Judicial Magistrate, Amroha, is hereby quashed.

In view of the aforesaid observations, the application is allowed.

Order Date :- 24.8.2023

Atul